June 2, 2010

I am not a judicial expert to state on the Indian Judiciary ,But being a citizen of India ...I can share my views on the judicial System that common people need to depend on to gain justice in the nation.A vast nation which works under a single unilateral judicial system never worked in India

The slowness of India’s court system can be stated with an example, the trials in 1993 Mumbai serial bomb blasts took about 13 years ... the slow trial showed how the Indian judiciary system failed to punish the real culprits behind the blast....100 culprits are still missing including the main conspirators and masterminds of the attacks – Tiger Memon and Dawood Ibrahim.The primary charge sheet for case was framed nearly eight months after the incident in November 1993, the court delivered judgment only on September 12, 2006.

The recent 26/11 2008 mumbai blast case...the trial finished on .On 6 May 2010, Kasab the main accused arrested was sentenced to death.It took about 2years for a huge case of National Importance to get over ....So what will be the condition of Ordinary cases from common people ....There are over 40000 cases backlog in the Supreme court alone...3,287,037 civil cases and 704,214 criminal cases are pending in various high courts in India.The list would go into millions if we check on lower courts.
The judicial system is highly biased ,expensive and always a dream for poor people...An ordinary man cannot waste his money and time running case which would proceed throughout his life time and sometimes beyond it.Now its corruption that's haunting lower trial courts .......If you have money you win cases ...even if you are the culprit.
The Government should review the judicial system ...setting up a few fast track courts and mobile courts will not solve the problem ...the entire system should be changed for fast track justice ....and the cost of running cases need to be reviewed...Justice delayed is always justice denied.

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What you have written in this post is absolutely right.Many of the civil cases can be solved in short time.But judges just keep extending the dates unnecessarily.We simply allow people to make excuses for not attending the proceedings.Yeah it becomes easier for many law breakers to live gracefully without being punished for years,as our judicial system is too slow.I experienced the slowness of indian judiciary in real.Its frustrating and agonising when you know justice has been denied unjustfully for long time.It is quite agonising that someone can just occupy anyone's land and forge documents.But the real owner has to go through a pyramid of procedures to prove that its his or her own land,while the occupier enjoys all rights under the aegis of law.Total rubbish system.

There should be LAW or Rule that the case can not be postponed beyond three/four times. Lawyer asking for date extension on silly grounds (including chest pain or admitted to ICU) must be heftily penalized than only can one expect real justice.

Absolutely true. Not only the judicial authorities but also the quasi judicial authorities do not tend to follow the principles of natural justice. As per my experience I can also name a few IAS officers who are living under the garb of their autocratic discretion. Corrupt are remained untouched, while whistle-blowers are being convicted on no basis. I am not sure about higher judiciary but lower judiciary are mostly influenced.

The civil suits should be changed completely. Most of the lawyers, mp's will not allow to change it. For example to evict a tenant, a landlord has to spend more than a decade(if he is fortunate enough) to evict a tenant. Because of the slow lawsuits in India, there is a nexus between lawyers, builders and politicians. These three groups will never allow to amend any act.RegardsSwarna kamal Chandra

All comments and the written matter are absolutely right .A case shouldn't take too long to be resolved and I don't understand what makes it last too long all evidences and matters regarding to the issue I present din the court itself why then just a spoken judgment takes too long....